DWI / DUI Frequently Asked Questions (F.A.Q)

If you are like most people who are honest, you probably have had an occasion where you drove when you shouldn't have, due to an increased amount of alcohol consumed. While, some amount of alcohol is legal to drive with, if you take a test and blow over the legal limit, you are likely going to be arrested with a DWI or DUI. There are a lot of questions that people have regarding arrests for a DWI or DUI.

Question: What tests do I have to perform?

If you are pulled over and the officer subjects you to field sobriety tests, you are likely going to be asked to perform routine functions like walking a straight line, counting, reciting the alphabet, holding up a leg, following a light with your eyes, and other types of tests. The results of these tests alert the officer if a breathalyzer test is necessary.

Question: What is a Breathalyzer test?

The breathalyzer test is a test performed to initially determine the amount of alcohol in your blood. It is a machine that the officer holds and asks you to blow into. When the test is registered, it will show the level of alcohol. The level that it reads is the amount that the officer uses to decide if he or she is going to make an arrest.

Question: Will I go to jail if I fail my test?

Yes. Most of the time, you will be arrested and brought to the jail. At the jail, you will get booked and follow up breathalyzer tests will usually be conducted. In some states, if you blow a certain number, you will be in jail until bail is set. If you are allowed to leave the jail, you will have to meet the bail and have someone come get you.

Question: Can I lose my car if arrested with a DUI or DWI?

Yes. It all depends upon the state that you live in, and your prior record. In some states, if you have two or more DWI or DUI charges including the one you are arrested for within 10 years, you could lose your car. They will let you know at the time if this is going to happen, and you will have to sign a forfeit and seizure document. The car will not be returned to you, and your driving privileges will be revoked for a determined amount of time. Each state has different penalties for DUI and DWI charges, it is best to know what the rules are in your state, so that you know what can happen if you get arrested with those charges.

If you have ever been arrested for a drunk driving offense, or other related alcohol offense, you are probably all too aware of how hefty the fines, fees and penalties are. States are really taking drunk driving seriously, and imposing tougher laws and more penalties. Each state has its own laws regarding drunk driving, and they can vary greatly. There are various degrees of drunken driving penalties, depending upon the situation, the amount of alcohol in the blood and the prior record of the individual. Start by getting a Lawyer / Defense Attorney to handle you case.